60th Congress, 

1st Session. 


SENATE. 


j Document 

( No. 337. 


PUBLICITY OF ELECTION CONTRIBUTIONS AND 

EXPENDITURES. 


Mr. Tillman presented the following 

ABSTRACT OF LAWS RELATING TO THE PUBLICITY OF ELECTION 
CONTRIBUTIONS AND EXPENDITURES. PREPARED BY THE 
NATIONAL PUBLICITY BILL ORGANIZATION. TO ACCOMPANY 

S. 5777. 


February 27, 1908.—Referred to the Committee on Privileges and Elections and 

ordered to be printed. 


The laws of the following nineteen States and Territories contain 
provisions for the publicity of election contributions or expenditures. 
The date given is that of the original enactment, the abstract being 
of the law as amended to January 1, 1908: 


Alabama. 1903 

Arizona. 1895 

California. 1893 

Colorado. 1891 

Connecticut. 1895 

Iowa. 1907 

Massachusetts. 1892 

Minnesota. 1895 

Missouri. 1893 

Montana. 1895 


Nebraska. 1897 

New York. . 1890 ‘ 

Pennsylvania. 1906 / 

South Carolina. 1905 

South Dakota. 1907 

Texas. 1905 

Virginia. 1903 

Washington. 1907 

Wisconsin. 1897 ^ 


The laws of the three following States, which contain no publicity 
provisions, forbid corporations to contribute in any manner for 
political purposes: 

Florida. 1897 

Kentucky. 1897 

Tennessee. 1897 

In the following six States publicity measures have been adopted 
and subsequently repealed: 


State. 

Adopt¬ 

ed. 

Re¬ 

pealed. 


1893 

1903 


1891 

1901 


1897 

1899 


1895 

1.897 


1896 

1902 


1896 

1897 





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5 '5 v 1 % 3 


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ELECTION CONTRIBUTIONS AND EXPENDITURES. 




In the following States, in which no publicity law is now in force, 
the passage of stich a measure has been recommended in executive 
messages: 


Florida. 

Idaho . 

Maryland (Governor Warfield; a publicity bill has been introduced in the legis¬ 
lature of 1908) . 

New Jersey (Governor Stokes). 

Ohio (Governor Pattison)... 

Oregon (Governor Chamberlain). 

West Virginia (Governor White). 


1905 

1905 


1906 

1906 

1906 

1905 

1905 


ALABAMA. 

[Adopted 1903, p. 356, General Laws, 1903.] 

The act provides that within thirty days after a primary election 
candidates shall tile sworn statements of the expenses of their can¬ 
vasses. It is provided that a candidate “may” have a campaign 
manager or committee, in which event the latter are also required to 
tile similar statements. 

The act is very brief and defective. 

As in South Carolina, the publicity legislation of Alabama is directed 
to the regulation of primary election and not to that of elections to 
public offices. The obvious reason is that in many Southern States 
the elections to public offices are rarely the subject of serious contest, 
and occasion is therefore seldom presented for such employment of 
campaign funds in connection with elections as require the adoption 
of publicity measures affecting other than primary elections. 

ARIZONA. 

[Adopted Mar. 11,1905. Chap. 20, Laws of 1905, Title IV, sec. 66, Penal Code, R. S. 1901.] 

This act provides that every candidate shall within thirty days of the 
election file an “itemized statement snowing in detail all the moneys 
contributed or expended by him, directly or indirectly * * * 

in aid of his election.” Such statement must give the names of the 
persons who received the money, “the specific nature of each item 
and the purpose for which it was expended or contributed.” 

Candidates for offices to be tilled by the electors of any district 
greater than a county must file their statements in the office of the 
secretary of the territory; other candidates with county, town, or 
city clerks. 

Within thirty days “the chairman and secretary of the territorial 
county and city central committee of each * * * political party 

shall make and file a statement” of all sums of money received “from 
whom received and to whom and for what purpose such money was 
paid.” 

Violations of the provisions of the act are punishable as mis¬ 
demeanors. 

CALIFORNIA. 

[Adopted 1893. Stat. 1893, p. 12,amended (hip. 41, L. 1905; amended chap. 350, L. 1907.] 

The act as originally passed followed the English law with some 
degree of closeness and was perhaps more complicated and detailed 
than that of any other State. The amount which could be legally 

' 9 G. . 

D, or 0. 










ELECTION CONTRIBUTIONS AND EXPENDITURES. 


3 


expended was determined by the amount of the salary of the office to 
till which the election was held. A sworn statement of expenditure 
was required from all candidates, a failure to tile which was punisha¬ 
ble by forfeiture of the office. 

An election court for inquiry into alleged violations of the law could 
be set in motion by any elector. In 1905 (Ch. 41) the provisions of 
the general law were made applicable to primary elections as well as 
election to public office. In 1907 the act was amended, chapter 350, 
L. 1907. As at present constituted it provides: 

That every candidate shall tile an itemized statement within fifteen 
days of the election showing in detail all moneys contributed or 
expended by him, certain candidates to tile their statements with the 
secretary of the state, others with the clerk of the county in which 
the election was held. Vouchers must be filed for all sums in excess 
of $500. Every committee shall appoint a treasurer, who is required 
to tile an itemized statement. Legitimate expenditures are defined 
and limited to certain percentages of the salaries of the offices for 
which the elections are held, or if there be no salary to a maximum of 
$100. The time within which claims against committees must be pre¬ 
sented is limited. A person offending against the provisions of the 
act is made a competent witness against another person so offending, 
and shall not be excused on the ground that his testimony is liable to 
incriminate himself; but he is exempted from subsequent prosecution 
for the offense with reference to which his testimony was given. 

The elaborate and complicated provisions of the act of 1893 were 
apparently found impracticable of enforcement, and were in substance 
repealed by the act of 1907, a comparatively simple law being substi¬ 
tuted. 

COLORADO. 

[Adopted 1891, pages 170, 171, sec. 6, Laws of 1891; Ann. Stat., sec. 1655f.] 

The act provides for the filing of itemized statements by candidates 
and by the u chairman and secretary of State, county, and city central 
committees,” showing the amounts expended by the committees and 
candidates and the names of the persons contributing to and the 
amounts received by committees. 

The form of the act, which is very brief, is substantially similar to 
that subsequently adopted by Arizona in 1895. 

It has not been amended or repealed to date. 

CONNECTICUT. 


[Adopted 1895. Adopted public acts 1895. chap. 338 (G. S., sec. 169?-1698); amended public acts 1903, 
chap. 5; amended public acts 1905, chap. 280.] 

The act of 1895 provides that every candidate shall file with the 
town clerk of the town in which he resides an itemized statement of 
his election expenditures and of the contributions thereto under a 
penalty of not more than $1,000. Treasurers of political committees 
ar j required to file an itemized statement with the secretary of state 
within ten da vs after the election under similar penalty. 

The amendment of 1905 constituted a new and sweeping enactment. 
It was made applicable to caucuses and primary elections, defined 
“political committees,” “treasurers,” and “political agents,” and 
provided that no person should act as such treasurer or political 


4 


ELECTION CONTRIBUTIONS AND EXPENDITURES. 


agent unless before the election, caucus, or primary he should hie a 
written designation as such with the secretary of state, or in certain 
cases the town clerk. 

The law further provided that contributions during a period of six 
months prior to the election should be made onty to an authorized 
“treasurer” or “election agent,” and that no person other than a 
treasurer or agent should pay any election expenses, except that can¬ 
didates may pay for postage, telegraph, telephone, stationery, print¬ 
ing, express, and traveling expenses. All other pa}unents must be 
made through the election agent, who is limited to certain prescribed 
classes of expenditures. The act further provides that every can¬ 
didate, treasurer, and political agent must file a sworn statement, 
containing all items of expenditure and indicating from whom all con¬ 
tributions are received and to whom and for what purpose all expend¬ 
itures are made. Failure to make such a statement is penalized by 
forfeiture of the emoluments of office, during the term for which the 
candidate is elected. If the candidate be guilty in person, the election 
is invalidated and the offender disqualified from holding office for four 
years. If only the agent be guilt}^ or the offense is shown to be “of 
a trivial, unimportant and limited character,” ineligibility does not 
follow. Inquiry may be instituted on complaint of the State’s attor¬ 
ney, by any State referee, judge of the superior court, or judge of 
any court of common pleas; or inquiry may be made on complaint of 
any elector or voter. No person elected to office shall receive any 
salary for the period during which he shall have failed to file a state¬ 
ment. 

The act was amended in 1907, chapter 240, so as to provide that 
“ no contributions or payments or favors of any kind shall be made or 
extended by or solicited from any private corporation or judicial 
officer, etc.” The amendment provides for certain additional classes 
of legitimate expenditures and limits the number of persons in a vot¬ 
ing district or precinct to whom liability" can be incurred in certain 
respects. Political treasurers are required to account for unexpended 
balances. It is provided that twenty days after an election the secre¬ 
tary of state or the town clerk, as the case may be, shall notify the 
proper prosecuting officer of any failure to file a statement “and within 
ten days thereafter such prosecuting officer shall proceed to prosecute 
for such offenses.” Every delegate to a nominating convention is 
required to file an itemized statement of his expenses within fifteen 
days after such convention. Provision is made in the act for an 
inquiry in aid of its enforcement. 

This act, of which certain salient features only are referred to in 
the above summary, is one of the most complete and well-considered 
acts of this character, ranking in this respect with the provisions for 
publicity of election contributions and expenditures of the New York, 
Pennsylvania, Wisconsin, and Massachusetts acts. 

FLORIDA. 

[Adopted 1897.] 

Chapter 4538 of the laws of Florida (No. 24 of the act of 1897, page 
72 of the laws of that year) provides: 

Section 1 . No foreign or nonresident corporations or corporation organized under 
the laws of the United States, doing business in this State, nor any domestic corpora¬ 
tion, shall pay or contribute or offer, consent or agree to pay or contribute, directly 





ELECTION CONTRIBUTIONS AND EXPENDITURES. 


5 


or indirectly, any money, property or thing of value to any political party, organiza¬ 
tion, committee, or individual, for any political purpose whatsoever, or for the purpose 
of influencing legislation of any kind, or to promote or defeat the candidacy of any 
person for nomination, appointment, or election to any political office. 

Sec. 2. Any person, employee, agent, or attorney or other representative of any 
corporation, acting for or in behalf of such corporation, who shall violate this act 
shall be punished upon conviction by a fine of not less than one thousand nor more 
than ten thousand dollars, or by imprisonment in the State prison for a period of not 
less than two nor more than five years, or by both such fine and imprisonment in the 
discretion of the court or judge before whom such conviction is had, and the corpo¬ 
ration, if a domestic corporation, is dissolved if after a proper proceeding upon quo 
warranto, in either the circuit or supreme court of the State to be prosecuted by the 
attorney-general of the State, the court shall find and give judgment that section one 
of this act has been violated as charged, and if a foreign or nonresident corporation, 
its right to do business in this State ceases. 

Sec. 3. The violation of this act by any officer, employee, agent, attorney, or other 
representative of a .corporation, shall be prima facie evidence that such officer, 
employee, agent, attorney, or other representative of such corporation is acting for 
and in behalf of such corporation. 

Sec. 4. Any person or persons who shall aid, abet, or advise a violation of this act 
shall be guilty of a felony, and upon conviction shall be punished as in section one of 
this act. 


IOWA. 

[Adopted 1907, chap. 50.] 

Candidates at both primary and general elections are required to 
make sworn statements of their election expenses within ten days 
thereafter, and, “to the best of their knowledge,” of the expenditure 
in their behalf of other persons. 

^Such statements are required to “show the dates, amounts, and 
from whom such sums of money or other things of value were received, 
and the dates, amounts, purposes, and to whom paid or disbursed.” 

No person is excused from testifying in prosecutions under the act 
and immunity is granted to such witnesses. Statements are also required 
of the chairmen of each party central committee for the State, district, 
or county. All such statements are made permanent public records 
open for inspection. Violation of the provisions of the act are 
punishable by a tine of from $50 to $300, or by imprisonment of from 
thirty da}^s to six months. 

KANSAS. 

[Adopted 1893. G. S. 1901, sec. 2734-40; repealed March 13 1903, chap. 230.] 

The Kansas act of 1893 (repealed 1903) provided for detailed state¬ 
ments by candidates, and that any committee, “club, organization, or 
association designed to promote or engaged in promoting the success 
or defeat of any party * * * should have a treasurer and keep 

and file detailed accounts on receipts and expenditures.” 

Any person not a member of such committee who should collect or 
expend more than $5 was also required to keep and file an account. 

* Any member of a committee who should receive or disburse any 
funds for political purposes was required to either file a statement 
with the treasurer of his committee or 'file an individual statement, 
and no member of a committee was permitted to receive or disburse 
any money for political purposes prior to the appointment of a treas¬ 
urer. The penalty was a fine of $10 to $500, or imprisonment from 
ten days to one year, and for candidates forfeiture of office. 

There is no publicity law now in force in this State. 


6 


ELECTION CONTRIBUTIONS AND EXPENDITURES. 


KENTUCKY. 

[Adopted 1897. Gen. Stat. 1903, sec. 1574 A.] 

This act made it unlawful for any corporation itself, or by or through 
its agent, attorney or any employe, or officer thereof, to subscribe to, 
give, procure for, or to furnish any money, privilege, favor, or other 
thing of value to any political or quasi-political organization or party, 
or any officer or member thereof, to be used by such political or quasi- 
political party or organization for any purpose or purposes whatever, 
or afterwards to reimburse or compensate in any way or manner any 
person or persons who shall have subscribed, given, procured or fur¬ 
nished any such money, privilege, favor, or other thing of value to be 
used by such political or quasi-political party or organization for any 
purpose whatever. And any corporation which shall violate any of 
the provisions of this act shall be guilty of a misdemeanor, and shall 
upon conviction be fined not less than $500 or more than $5,000 for 
each offense, and its charter or authority to do business in this State 
shall upon such conviction be repealed, revoked, and held for naught. 

An} 7 officer, agent, attorney, servant, or employe of an} 7 corporation, 
or any person whatever acting for or representing any such corpora¬ 
tion who shall disburse, distribute, pay out, or in any way handle any 
money, funds, or other things of value that belong to or has been fur¬ 
nished by such corporation or agent, attorney, employee, or servant 
thereof, to be used or employed in any way for the purpose of aiding 
or assisting or advancing the cause of any political or quasi-political 
party or organization, or of any candidate for public office in any way 
whatever, shall be guilty of a misdemeanor, and shall upon conviction 
be fined not less than $250 nor more than $1,000, and imprisonment in 
the county jail at hard labor not less than three months nor more than 
twelve months for each offense. 

MASSACHUSETTS. 

[Adopted 1892. Chap. 11 Rev. Laws.] 

The Massachusetts act has proved to be an effective and practical 
measure, and many of its provisions have been adopted in the New 
York act. It provides that every candidate for nomination or elec¬ 
tion to a public office shall, within seven days after the election or the 
last day of filing nominations, file a statement of his political expendi¬ 
tures, except as to certain “personal expenses,” and the name of the 
political committee to which the contribution or promise was made. 

“Political committees” are defined in the act and required to have 
a treasurer, who must keep detailed accounts of all contributions and 
disbursements. No money can be received by or on behalf of the 
committee until the appointment of a treasurer. 

Persons making disbursements on account of a committee must* 
make a detailed statement thereof, to be filed with such committee. 

Treasurers of committees* receiving or disbursing over $20 must, 
within thirty days after an election, file a detailed statement similar to 
that required under the New York act, and whoever expends or re¬ 
ceives more than $20 for election purposes must make the statement 
required of treasurers. 

No persons may make contributions or payments in any name other 
than his own, and committees may not knowingly receive contributions 
under fictitious names. 


ELECTION CONTRIBUTIONS AND EXPENDITURES. 7 

The secretary of the Commonwealth and the clerks of cities are re¬ 
quired to inspect all statements filed with them within sixty days after 
the election to which they relate, and if it appears that any statement 
has not been filed or is incorrect, or upon complaint of five voters, 
the secretary or city clerk shall in writing notify the delinquent person. 

Upon failure to file a statement within ten days after receiving such 
notice, or if the statement be defective, the secretary or city clerk must 
notify the attorney-general, and the attorney-general is required to 
examine, within two months thereafter, every case, and if cause appear, 
institute appropriate civil or criminal proceedings. 

The courts may compel the filing of sufficient statements upon the 
petition of the attorney-general or district attorney or petition of any 
candidate voted for or of any five qualified voters. 

Statements must be preserved for fifteen months and all pa} T ments 
exceeding $5 must be represented by vouchers. Blanks must be fur¬ 
nished at public expense. The provisions of the act are not applica¬ 
ble to town elections. 

Provision is made for inquests into violations of the election law 
upon complaint sworn to by any person. 

No person is excused from testifying upon such inquest, but wit¬ 
nesses are granted immunity from prosecution in respect to any mat¬ 
ter concerning which they may testify. 

Violations of these provisions are punishable by imprisonment for 
not more than one year or by a tine of not more than $1,000. 


MICHIGAN. 

[Adopted 1891. Chap. 190, sec. 44, C. L., sec. 3054: repealed Apr. 12,1901; chap. 61.] 

The act of 1891 required both candidates and the chairman of political 
committees to file within twenty days after an election a statement of 
the amount of money expended * * * in connection with such 

election. No statement of contribution or of the details of expendi¬ 
tures w T as required. 

This act was very limited in scope. 

Since its repeal in 1901 there has been no further legislation of this 
character. 

MINNESOTA. 

[Adopted 26 April, 1895. Chap. 277, R. L. 1905, sec. 348-358; amended 1905, chap. 291.] 

The act of 1895 was nearly identical with that of Missouri, a full 
abstract of which is given infra. No officer can take office or receive 
salary until the required statement is filed. The law applies to prima¬ 
ries but does not applv to town, village, or school-district elections. 

By the amendment in 1905, chapter 291, it was made a felony for an 
officer of a business corporation to vote money to a campaign fund. 

MISSOURI. 

[Adopted 1893, p. 153; amended 1897, p. 108; amended 1897, p. 173; R. S. 1899, Act. VI, chap. 102.] 

Many of the provisions of the Missouri act have been adopted in 
other Western States and they are therefore given here somewhat at 
length as representative of a typical act. 


8 


ELECTION CONTRIBUTIONS AND EXPENDITURES. 


The act is also interesting as one under which prosecutions have been 
had. 

Sec. 7179. Amount to be expended by candidates — How determined. —No candidate 
for Congress or for any public office in this State, or in any county, district or muni¬ 
cipality thereof, which office is to be filled by popular election, shall, by himself or 
by or through any agent or agents, committee or organization, or any person or per¬ 
sons whatsoever, in the aggregate pay out or expend, or promise or agree or offer to 
pay, contribute or expend any money or other valuable thing in order to secure or 
aid in securing his nomination or election, or the nomination or election of any other 
person or persons, or both such nomination and election, to any office to be voted for 
at the same election, or in aid of any party or measure, in excess of a sum to be deter¬ 
mined upon the following basis, namely: For five thousand voters or less, one hun¬ 
dred dollars; for each one hundred voters over five thousand and under twenty-five 
thousand, two dollars; for each one hundred voters over twenty-five thousand and 
under fifty thousand, one dollar; and for each one hundred voters over fifty thousand, 
fifty cents—the number of voters to be ascertained by the total number of votes cast 
for all the candidates for such office at the last preceding regular election held to fill 
the same; and any payment, contribution or expenditure, or promise, agreement or 
offer to pay, contribute or expend any money or valuable thing in excess of said sum 
for such objects or purpose, is hereby declared unlawful. (Laws 1893, p. 157.) 

Sec. 7180. Statement of moneys expended to be made, filed, etc.—Penalty for failure .— 
Every person who shall be a candidate before any caucus or convention, or at any 
primary election, or at any election for any State, county, city, township, district, or 
municipal offices, or for senator or representative in the general assembly of Missouri, 
or for Senator or Representative in the Congress of the United States, shall, within 
thirty days after the election held to fill such office or place, make out and file with 
the officer empowered by law to issue the certificate of election to such office or place, 
and a duplicate thereof with the recorder of deeds for the county in which such can¬ 
didate resides,-a statement in writing, which statement and duplicate shall be sub¬ 
scribed and sworn to by such candidate before an officer authorized to administer 
oaths, setting forth in detail all sums of money, except all sums paid for actual trav¬ 
eling expenses, including hotel or lodging bills, contributed, disbursed, expended, or 
promised by him, and to the best of his knowledge and belief by any other person 
or persons in his behalf, wholly or in part, in endeavoring to secure or in any way in 
connection with his nomination or election to such office or place or in connection 
with the election of any other persons at said election, and showing the dates 
when and the persons to whom and the purposes for which all such sums were paid, 
expended, or promised. Such statement shall also set forth that the same is as full 
and explicit as affiant is able to make it. No officer authorized by law to issue com¬ 
missions or certificates of election shall issue a commission or certificate of election to 
any such person until such statement shall have been so made, verified, and riled by 
such person with said officer. (Laws 1893, p. 157, amended laws 1895, p. 173.) 

Sec. 7181. Failure to comply with preceding section — Penalty. —Any person failing to 
comply with the provisions of section 7180 of this article shall be liable to a fine not 
exceeding one thousand dollars, to be recovered in an action brought in the name of 
the State by the Attorney-General, or by the prosecuting attorney of the county of 
the candidate’s residence, the amount of said fine to be fixed within the above limit 
by the jury, and to be paid into the school fund of said county. (Laws 1893, p. 157.) 

Sec. 7182. Statement of expenditures to be filed, when. —No person shall enter upon the 
duties of any elective office until he shall have filed the statement and duplicate pro¬ 
vided for section 7180 of this article, nor shall he receive any salary or any emolu¬ 
ment for any period prior to the filing of the same. (Laws 1893, p. 157.) 

Section 7183 provides that at any time during the term of office of 
any public officer elected under the laws of Missouri or the charter of 
any city therein, the person who has received the next highest number 
of votes for such office at the election at which such public officer was 
elected, make application in writing to the Attorney-General, setting 
forth one or more of the following charges against such public officer: 
That at the election at which such public officer was elected, the total 
amount expended, contributed, or incurred by such officer exceeded the 
sum allowed by section 7179 of the Revised Statutes; or that votes 
were obtained for him or withheld for the applicant by reason of 
various corrupt practices; and further setting forth that the applicant 


ELECTION CONTRIBUTIONS AND EXPENDITURES. 


9 


desires the attorney-general to bring an action to have such public 
office declared vacant on account of said violations of the laws concern¬ 
ing elections. It is further provided that such applications shall be 
accompanied by a bond to the State of Missouri in the penalty of 
$1,000, conditioned for the payment to the State of all taxable costs and 
disbursements for which it may become liable on account of such 
action. (Laws 1893, p. 157.) 

Section 7184 provides: 

It shall be the duty of the attorney-general, within ten days after the receipt of 
such application and bond, to begin an action against such public officer or to instruct 
the prosecuting attorney of the county in which such public officer resides to bring 
such action, within ten days after such notice, to have said office declared vacant, 
and for such other or further relief appropriate in an action against the usurper of 
any office or franchise. Such action shall be deemed to be conducted according to 
the rules prescribed by law for an action against the usurper of any office or fran¬ 
chise; and it shall be the duty of any prosecuting attorney to bring such action within 
ten davs after the receipt of such notice from the attornev-general. (Laws 1893, p. 
157.) 

Section 7185 provides that in case the attorney-general and prose¬ 
cuting attorney shall neglect or refuse to bring such action within the 
time limited in section 7184, it shall be lawful for the applicant to 
bring such action in the name of the State, at his own expense, and by 
his attorney or attorneys, and in any action so brought by said appli¬ 
cant no recovery for costs and disbursements shall be had against the 
State, provided that if at any time the bond required to be given shall 
be found inadequate, the court may order the amount to be increased 
to cover the costs accrued or likely T accrue in the cause, and upon 
failure to comply with any such order of the court, such action may 
be dismissed at the cost of the applicant and his sureties. (Laws 1893, 
p. 157.) 

Section 7186 provides that such action shall have preference on the 
docket of any court of the State in which the same shall be pending, 
over all other civil actions. (Laws 1893, p. 157.) 

Section 7188 provides that in such an action the applicant, upon his 
own motion or that of the defendant, shall be made a party plaintiff, 
and in any case in which such applicant shall be a party, if judgment 
of ouster against the defendant shall be rendered, such judgment shall 
award such office to said applicant, unless the plaintiff is himself guilty 
of a like offense. 

It is a defect which seems common to most of the acts in this country, 
that sufficient incentive and initiative is not given to the candidates or 
political organizations whose interests are adversely affected bv a vio¬ 
lation of the election laws. The provision in section 7183 that in case 
of the disqualification of a candidate elected to office, the candidate 
receiving the next highest number of votes for such office at the elec¬ 
tion shall, if the appropriate charges are sustained, obtain the office, 
provides a very practical inducement for the enforcement of the law. 
The constitutionality of such provisions may, however, be open to 
serious question. 

Section 7190 detines what shall be deemed to be a political committee 
within the intent of the act. In effect, every two or more persons 
elected, appointed, chosen or associated for the purpose, wholly or in 
part of raising, collecting or disbursing money for election purposes, 
and every two or more persons who shall cooperate to that end and for 
the furtherance of the election, or to defeat the election to public 


10 


ELECTION CONTRIBUTIONS AND EXPENDITURES. 


office of any person or class or number of persons, shall be deemed a 
political committee within the meaning of the article. 

Section Tibi provides that every political committee shall appoint 
and constantly maintain a treasurer to receive and disburse all sums 
of money which may be collected by such committee or any of its 
members, and that unless such treasurer is first appointed and there¬ 
after maintained, it shall be unlawful and a violation of this article for 
a political committee or any of its members to collect or disburse 
money for political purposes. All moneys collected and disbursed 
shall pass through the hands of the treasurer of the committee, and it 
shall be unlawful for a committee or any of its members to disburse 
or expend moneys for any political purpose (specified in section 7190) 
until the money disbursed or expended shall have passed through the 
hands of the treasurer of the political committee. 

Section 7192 provides that such treasurer shall, whenever he receives 
or disburses money for the political purposes specified, immediately 
enter in a proper book or books a detailed statement of every sum of 
money received or disbursed by him, “setting forth in such statement 
the sums so received or disbursed, as the case may be, and the date 
when and the person from whom received or to whom paid, as the 
case may be, and the object and purpose for which such sum was 
received or disbursed.” (Laws 1893, p. 157.) 

Sec. 7193. Statement of receipts and expenditures to be filed by treasurer .—Every 
treasurer of a political committee, as defined in this article, and every person who 
shall act as such treasurer, shall, within thirty days after each and every election, 
whether State, county, city, municipality, township or district election, in or con¬ 
cerning or in connection with which he shall have received or disbursed any money 
for any of the objects or purposes mentioned in section 7190 of this article, prepare 
and file in the office of the recorder of deeds of the county in which such treasurer 
resides, a full, true and detailed account and statement, subscribed and sworn to by 
him before an officer authorized to administer oaths, setting forth each and every 
sum of money received or disbursed by him for any of the objects or purposes men¬ 
tioned in section 7190 of this article within the period beginning ninety days before 
such election, and ending on the date on which such statement was filed, the date of 
each receipt and each disbursement, the name of the person from whom received or 
to whom paid, and the object or purpose for which the same was received, and the 
object or purpose for which disbursed. Such statement shall also set forth the 
unpaid debts and obligations, if any, of such committee, with the nature and amount 
of each, and to whom owing, in detail, and if there are no unpaid debts or obliga¬ 
tions of such committee, such statement shall state such fact, (Laws 1893, p. 157.) 

Section 7194 provides that every officer required by law to issue 
certificates of election or commissions as the result of elections shall 
receive and keep on file for four years all the statements and accounts 
required by the act, and that all such statements and accounts shall be 
open to public inspection. (Laws of 1893, p. 157.) 

Section 7195 provides that— 

Every treasurer of a political committee, as defined in this article, who shall wilfully, 
fail to comply with this law shall be guilty of a misdemeanor, and upon conviction 
shall be fined not less than fifty nor more than five hundred dollars. (Laws 1893, 
P- 157.) 

Section 7196 provides that— 

Every treasurer of a political committee, or the person who shall receive any money 
to be applied for any of the purposes specified in section 7190, who shall neglect to 
keep a correct book or books of account as contemplated in sections 7192 and 7193, 
with intent to conceal the receipt or disbursement of any such sum received or dis¬ 
bursed bv him, or any other person for him, and the purpose or object for which the 
same was received and disbursed, or to conceal the fact that there is any unpaid debt 
or obligation of such treasurer or committee and the nature and amount thereof, or 


ELECTION CONTRIBUTIONS AND EXPENDITURES. 


11 


to whom owing, or who mutilates or distorts any such book of account with intent 
to conceal any fact which would otherwise be disclosed, or who fails to file the state¬ 
ment or account contemplated by section 7193, within five days after he shall receive 
notice in writing, signed by five resident freeholders of the county in which such 
political treasurer or person resides, requesting him to file the statement and account, 
shall be deemed guilty of a misdemeanor, and on conviction shall be imprisoned in 
the county jail for not less than two nor more than six months. (Laws 1893, p. 157.) 

Sec. 7176. Corporations using threats or money, etc. — Penalty. —It shall not be lawful 
for any corporation organized and doing business under and by virtue of the laws of 
this State to directly or indirectly, by or through any of its officers or agents, or by 
or through any person or persons for them, influence or attempt to influence the 
result of any election to be held in this State or procure or endeavor to procure the 
election of any person to a public office by the use of money belonging to such cor¬ 
poration, or by subscribing to any campaign fund of any party or person , or by dis¬ 
charging or threatening to discharge any employee of such corporation for reason of 
the political opinions of such employee, or to use or to offer to use any power, threat, 
influence, or other means whatsoever to induce or persuade any employee or other 
jierson entitled to register before or vote at any election to Vote or restrain from 
voting for any candidate or on any question to be determined at any issue at any 
election. Any violation of the provisions of this section by a corporation shall be 
deemed and held as a forfeiture of its charter or franchise as granted or derived from 
the State, as for willful misuser thereof, and such corporation shall be enjoined from 
transacting any business in this State, and such forfeiture or injunction may be 
adjudged by any circuit court of any county in which such corporation is located in 
a suit instituted for that purpose in the name of the State of Missouri by the prose¬ 
cuting attorney of any county and in the city of St. Louis by the circuit attorney or 
by the attorney-general. 

This provision is limited to such corporations as are organized under 
the laws of Missouri. This section was first enacted in March, 1897 
(p. 108, laws of that year), as an amendment to the corrupt-practices 
act of 1893 (p. 157, laws of that year). 


MONTANA. 


[Adopted 1895. Sec. 85-104.] 

This act is quite elaborate, and follows in general the provisions of 
the Massachusetts act, which are abstracted in greater detail (supra). 
Candidates are forbidden to make expenditures except for certain 
specified u personal expenses” and through political committees. The 
amount of the contributions by candidates is limited, a feature which 
is not present in the Massachusetts act. Many sections are substan¬ 
tially identical with corresponding sections of the Massachusetts act, 
and the scope of the two acts is similar. There is a provision for 
special judicial action in aid of the enforcement of the act. The act 
is made applicable to caucuses and conventions, but elections for town¬ 
ship officers are excepted. 

NEBRASKA. 

[Adopted 1897, chap. 19; amended 1899, chap. 29.] 

The act of 1897 resembles the Missouri act in many particulars. It 
prohibits contributions on the part of corporations. The act of 1899 
was a comparatively elaborate and complicated measure. It limited 
the contributions of candidates and specified maximum sums based on 
the number of votes. Candidates before caucuses, conventions, and 
primaries were required to file detailed statements of expenditures 
within ten da} T s, and no certificate of election could be issued until the 
statement should be filed. Any elector was authorized to make charges 
of violation of the act, upon giving a bond for the payment of costs, 


12 


ELECTION CONTRIBUTIONS AND EXPENDITURES. 


and the attorney-general was thereupon required to begin action. An 
applicant could also bring his own action by his own attorney, and 
such actions are preferred on the calendar. If the charges be sus¬ 
tained the election is declared void. No person is excused from testi¬ 
fying. Political committees are defined and required to maintain a 
treasurer who is required to disburse all moneys on account of the 
committee. He is required also to keep an account of such moneys 
and to file a detailed statement. Every treasurer violating this pro¬ 
vision is made guilty of a misdemeanor. 

NEVADA. 

[Adopted 1895 (chap. 103); amended 1897 (chap. 85); repealed 1899.] 

The act of 1895 provided that a certificate of nomination could not 
be filed unless the name of a u disbursing” committee with their writ¬ 
ten consent should also be filed. 

This committee was required to tile a detailed statement of moneys 
received and expended. The candidate was also required to file a state¬ 
ment. Vouchers for all expenditures over $500 were also required to 
be filed. 

A candidate was made ineligible for office if convicted of a violation 
of the act. 

Legitimate expenditures were defined and limited in amount. 

Only candidates and committees were permitted to expend money 
for political purposes. Any elector might contest the right to office 
of a candidate violating the act and office. 

The act was detailed and elaborate and was amended in 1897 to pro¬ 
vide in greater detail for the amounts and character of lawful expendi¬ 
ture. It was repealed in 1899, and there is no provision of this character 
now in force. 

NEW YORK. 

[Adopted 1890; amended 1906 (chap. 502); amended 1907 (chap. 596).] 

The New York act was drafted after a careful examination of those 
publicity measures which had proved most effective in operation and 
avoids impractical and burdensome features which, as in Ohio, have 
sometimes tended to. render such acts inoperative. 

It defines political committees and provides that any person who, to 
promote the election or defeat of a candidate, contributes or expends 
money other than through the agency of a political committee or can¬ 
didate shall file the statement required of political committees. 

Every political committee is required to have a treasurer who shall 
keep detailed accounts of its contributions and expenditures. No 
money may be received by or on behalf of such committee until it shall 
have chosen a treasurer. 

Within five days after the choice of such treasurer there must be 
filed a statement of his address signed by three members of the 
committee. 

Whoever receives any money on behalf of a political committee 
must give to the treasurer of the committee a detailed account of the 
same. Every payment in excess of $5 must be vouched for by a 
receipted bill and every voucher must be kept fifteen months. 


ELECTION CONTRIBUTIONS AND EXPENDITURES. 


13 


Treasurers of committees must within twenty day 7 s after election hie 
a detailed statement of the receipts and expenditures of the committee. 

In each case it shall include the amount received, the name of the person or com¬ 
mittee from whom received, the date of its receipt, the amount of every expenditure 
or disbursement exceeding live dollars, the name of the person or committee to whom 
it was made, and the date thereof; and unless such expenditure or disbursement shall 
have been made to another political committee it shall state clearly the purpose of 
such expenditure or disbursement. ^ 

No person is permitted to contribute to a political committee in any 7 
name other than his own, nor can such committee knowingly receive 
any contributions under fictitious names. 

All statements must be filed and preserved for fifteen months in the 
office of the secretary of State, who must provide blanks. 

If any person or committee fails to file a statement, or if it be 
defective, or if there be failure to comply in any other respect to the 
requirements of the law, the supreme court, or any justice thereof,- 
may compel, by order in proceedings for contempt, the filing of a 
sufficient statement or other compliance with the act. 

Application for such order may be made by the attorney-general, 
district attorney 7 , a candidate, or five voters. 

The petitioner must give an undertaking for costs, and the court 
shall thereupon issue an order directing the person or persons named 
in the order to show cause within ten days after it is issued why the 
statement required should not be filed or amended, or such information 
as the court may require be furnished. 

Such petition shall be filed within fifty day 7 s after the election to 
which it relates or sixty 7 days after the filing of the statement. The 
court must then conduct an inquest into the facts alleged in the peti¬ 
tion or which may be deemed relative “ to any contribution or expendi¬ 
ture made in connection therewith,” which at any time * * * may 

be deemed necessary to secure compliance with the provisions of the act. 

The judicial proceedings thus provided for are given precedence 
“over all other actions and proceedings.” 

No person is excused from testifying or from producing any paper 
upon such judicial inquest, but immunity is granted witnesses in 
respect to such testimony. 

Failure to file a statement or the making of a false or incomplete 
statement with “willful intent to defeat the provisions” of the act is 
punishable by a fine of not exceeding $1,000 or imprisonment for not 
more than one year or both. 

The provisions of the act are not applicable to the election of town 
or village officers or to persons or corporations engaged in the pub¬ 
lication or distribution of newspapers in respect to the ordinary con¬ 
duct of such business. 

NORTH CAROLINA. 

[Adopted 1895, chap. 159, sec. 72; repealed 1897, chap. 185.] 

In the act of 1895 consolidating the election laws there is a short 
provision for the filing by candidates of itemized statements of their 
election contribution and expenditures. 

Failure to file the statement is punishable by forfeiture of office. 

This provision was repealed 1897, chapter 185. 


14 


ELECTION CONTRIBUTIONS AND EXPENDITURES. 


OHIO. 

[Originally adopted (Laws 189(5, p. 123, R. S., sec. 3022). Repealed laws 1902, p. 77.J 

The Ohio law, known as the “Garfield corrupt practice law,-’ was 
adopted in 1896 (p. 123). It contained no definition of legitimate and 
illegitimate expenditures but in other respects was as complete as any 
similar legislation then in force. 

Those of its provisions which were directed to the purpose of secur¬ 
ing the publicity of election contributions and expenditures required 
that candidates before a convention or primary for nomination to pub¬ 
lic office should file statements as well as candidates for election. 
Political committees were defined and required to have a treasurer. 
It was further provided that every person receiving or disbursing sums 
aggregating more than $20 should keep detailed account. Treasurers 
of political committees were required to file statements of their receipts 
•and expenditures with the county clerk. 

The act contained no definition of legitimate and illegitimate expendi¬ 
tures but the expenses of a candidate were limited to a maximum of 
$650 and to $100 for 2,000 voters or less. This law was held to be 
constitutional (Mason v. State et al., 58 O. S., 30) in the State courts, 
but its provisions were in some respects impracticable and proved to 
be too drastic in operation and the law was repealed. (L. 1902, p. 77.) 

DECISIONS UNDER THE OHIO ACT. 

In State ex rel. v. Good, 8 Cir. D., 401; 15 C. C., 386, it was held 
that if an agent of a candidate exceeds the limit of expense allowed by 
the statute the election of the candidate is void. 

In State v. McFillan it was held that the only person entitled to 
apply to the attorney-general to bring suit for the fine (section 5) 
was one entitled to vote upon the candidate affected. 

The act was held not to be applicable to elections for Representa¬ 
tives in Congress, as its effect was to impose qualifications, conditions, 
and obligations on candidate for that office additional to those imposed 
by the Federal Constitution in article 1, section 2, clause 2. (State v. 
Russell, 10 Law D, 255; 8 N. P., 51; Aff. 20, C. C. 551. 11 Cir. D., 
299.) 

It was held in State v. Jaquin 11 Cir. D., 91, that under the pro¬ 
visions of the act imposing a penalty for the failure to tile a statement 
of election expenses within ten days after the election did not require 
the forfeiture of office. 

There is no provision for publicity of election expenditures now in 
force in Ohio. 

Governor Pattison in his message to the legislature JanuaryS, 1906, 
recommended the enactment of a publicity law providing that candi¬ 
dates and political committees * * * should be required to file 

* * * a statement containing the sums which have been expended 

and the purposes for which the expenditures were made. 

PENNSYLVANIA. 

[Adopted 1906, chap. 17.] 

The Pennsylvania act is one of the most complete and effective of 
the publicity acts, resembling in many respects the New York act. It 
provides for statements by political committees as well as by candi- 


ELECTION CONTRIBUTIONS AND EXPENDITURES. 


15 


dates. It requires a statement from candidates for nomination in the 
primaries as well as from candidates forelection. The terms “ can¬ 
didate,” “public officer,” “political committees,” and “election 
expenses” are defined. Committees are required to appoint a treas¬ 
urer, through whose hands all money is required to pass. Individuals 
other than candidates or treasurers of committees are forbidden to 
incur election expenses. 

Corporations are forbidden to contribute toward such expenses. 

Every candidate or treasurer, if he has received or expended more 
than $50 for political purposes, is required to file a detailed account 
with vouchers for all sums exceeding $10. No anonymous contribu¬ 
tions can be received or disbursed. The oath of office may not be 
administered until the statement is filed. Accounts are open to inspec¬ 
tion for two years. Within twenty days after the last day for filing 
an account any five electors may petition for an audit thereof, which 
must thereupon be had. Provision is made for the vacation of the 
office of any candidate found guilty of making a false statement. 

Violation of the act is punishable by a tine of not less than $50 or 
more than $1,000, or by imprisonment for not less than one month or 
more than two years. 

SOUTH DAKOTA. 

[Adopted 1907, chap. 146.] 

Political committees are defined and required to appoint a treasurer 
and secretary 7 . 

All funds collected by 7 such committee must be turned over to the 
secretary who shall “ record the same in books kept by 7 him for that 
purpose,” and turn them over to the treasurer. 

“ The treasurer shall not disburse said funds except upon orders 
drawn upon him by 7 the secretary, each order showing upon the face 
thereof the purpose for which the money is paid, and to whom paid.” 
No moneys shall be collected until the appointment of a treasurer. 

“A record'must be kept open to the public showing the names of 
the secretary and treasurer” and all money 7 must be disbursed through 
the treasurer. No person except a candidate or treasurer may “pay, 
give, or lend, or agree to pay, give, or lend any money or other valu¬ 
able thing for any election expenses except to a political committee 
or the treasurer thereof.” 

The purposes for which payments may be made are limited. 

An account must be kept and filed. 

No person is excused from testifying, and immunity is granted in 
respect to such testimony. 

Violations of the act are punishable by fine or imprisonment or 
both. 

This act contains certain provisions of a novel character. 

SOUTH CAROLINA. 

[Adopted 1905. chap. 473.] 

This act relates solely to primary elections and requires candidates 
to make a pledge that “I will not give nor spend money * * * for 

the purpose of obtaining or influencing votes and that I shall at the 
conclusion of the campaign and before the primary election render 


16 


ELECTION CONTRIBUTIONS AND EXPENDITURES. 


* * * under oath an itemized statement of all moneys spent or 

provided by me during the campaign for campaign purposes * 
and * * * 1 will immediately after the primary election render 

an itemized statement under oath showing all further moneys spent: 
Provided , That a failure to comply with this provision shall render 
such an election null and void.” 

Violation of this act was made punishable by imprisonment or fine 
or both. 

TENNESSEE. 


[Adopted 1897.] 

The legislature of Tennessee, April, 1897, passed the following act 
(p. 143, acts of Tennessee for that year): 

AN ACT to prohibit the use of funds belonging to corporations for electioneering, political, or cam¬ 
paign purposes, and to punish all representatives of corporations who shall use or consent to the 

use of corporate funds for this purpose. 

Sec. 1. Be it enacted by the general assembly of the State of Tennessee , That it shall be 
unlawful for the executive officers or other representatives of any corporation doing 
business within this State, to use any of the funds, moneys, or credits of the corpora¬ 
tion for the purpose of aiding either in the election or defeat of any candidate for 
office, national, State, county or municipal, or for the purpose of aiding in the suc¬ 
cess or defeat of any proposition submitted to a vote of the people, or in any way 
contribute to the campaign fund of any political party for any purpose whatever. 

Sec. 2. Be it further enacted , That every executive officer, agent, or other repre¬ 
sentative of any corporation, doing business within this State, who shall knowingly 
consent to, approve or aid in the use of the fund of a corporation for any of the 
purposes mentioned in section 1 of this.act, shall be deemed guilty of a misdemeanor, 
and upon conviction shall be fined not less than five hundred dollars nor more than 
two thousand dollars, and shall be imprisoned in the county jail or workhouse not 
less than two nor more than six months. 

Sec. 3. Be it further enacted , That the grand juries of this State be given inquisi¬ 
torial powers over all violations of this act, and that the circuit and criminal court 
judges of this State be required to give this matter especially in charge of the grand 
jury at each term of their courts. 

No general corrupt-practices act seems to have been passed in Ten¬ 
nessee; and fio further legislation relating to contributions or the 
publicity of election receipts and expenditures. 

TEXAS. 


[Adopted 1905, chap. 11.] 

Chapter 11, sections 89-90, acts of 1905, provides that all persons 
expending money for election purposes shall, within ten days after 
the election, file an itemized statement of such expenditures and also 
state “whether he has been informed or has reason to believe that 
the person thus aiding or attempting to defeat a party or candidate 
was an officer, stockholder, agent or employee of, or was acting for or 
in the interest of any corporation, giving his name, and if so of what 
corporation.” 

UTAH. 

[Adopted 1896, chap. 56; repealed 1897.] 

This act required candidates and committees to file a detailed state¬ 
ment of expenses. 

It was very imperfect and was repealed the following year, chapter 
50, Laws of 1897. 


ELECTION CONTRIBUTIONS AND EXPENDITURES. 


17 


VIRGINIA. 

[Adopted 1893, chap. 98.] 

The act provides that candidates for both nomination and public 
office shall make a return of their expenditures, and to the best of 
their belief, of the expenditures of any person acting in their behalf. 
No provision is made for the tiling of statements by political commit¬ 
tees the purpose of which is limited to advertising and securing 
public halls. 

WASHINGTON. 

[Adopted, chap. 209, Laws of 1907.] 

Every candidate for nomination is required to tile within ten days 
of the primary election an itemized statement of any election expenses 
paid or incurred by him or to the best of his knowledge on his behalf. 

Such statements become part of the public records. 

Any candidate failing to tile the required statement, or tiling a 
defective statement, is guilty of a misdemeanor, punishable by a tine 
of from $25 to $200, or imprisonment of from ten days to six months. 

No statement is required from committees, and the provisions of 
the act are very incomplete and defective. 

WISCONSIN. 

[Adopted 1897, chap. 358; amended 1905, chap. 502; amended 1907.] 

This act, which is one of the best-considered measures upon the sub¬ 
ject, provides that the election expenses of candidates shall be filed in 
detail thirty days after the election, the purposes and amount of each 
expenditure being stated. All statements so filed must be kept open 
for public inspection for a year. The penalty for violation of this 
provision is a fine of not less than $100 nor more than $500. Political 
committees are defined and required to maintain a treasurer prior to 
whose appointment it is made illegal 44 for a political committee or any 
of its members to collect, receive, or disburse money ” for political 
purposes, and all moneys must pass through the hands of the treasurer. 
Treasurers of political committees are required to keep detailed 
accounts of receipts and expenditures and to file sworn statements 
thereof. This statement must be kept one year. 

Any violation of the provisions of the act by a treasurer is punish¬ 
able by a fine but not by imprisonment unless he fails to keep correct 
books of account with intent to conceal receipts or disbursements, or 
the person from whom or the object for which they have been received 
or expended, or to conceal the existence of an unpaid debt, or if he 
mutilates or destroj^s such accounts with intent to conceal, or if he fails 
to make the required statement within five days after he shall receive 
notice in writing, signed b}^ five resident freeholders, requiring him to 
file such statement. Upon conviction of the latter class of offenses he 
must be imprisoned for not less than two or more than six months. 

This act was amended in 1905 (chap. 502), providing in greater 
detail for the filing of statements of expenditures by candidates and 
for blanks for that purpose. It was made the duty of officers with 
whom nomination papers or certificates of election are filed to publish 

S. Doc. 337, 60-1-2 


18 


ELECTION CONTRIBUTIONS AND EXPENDITURES. 


lists of.candidates failing to file statements and to transmit such lists 
to the attornej^-general for prosecution under penalty of a line. 

In 1907 (chap. 243) life-insurance companies were required to make 
report to the commissioner of insurance of all contributions made for 
political purposes, and corporations were by chapter 492 of the Laws 
of 1905 prohibited from making any contributions for that purpose 
under stringent penalties, making it a felony to aid, advise, or abet 
violations of this provision. 

(From the National Publicity Bill Organization. Perry Belmont, 
chairman; Frank K. Foster, secretary. Washington, D. C., Feb¬ 
ruary 26, 1908.) 


O 







